actus reus

Question 1

what is an actus reus

Answer 1

psyhical element of the crime
- most cases actus reus is what defendent does, but there are cases where failure to act is sufficent for actus reus

Question 2

what is a conduct crime

Answer 2

• where the accused conduct forms the offence, there is no consquence required from the conduct

e.g drinking and drivng, you can do it without causing an accident and itll still be a crime

Question 3

what is a consquence crime

Answer 3

• consquence element must happen for crime to be committed

Question 4

what is a voluntary act

Answer 4

the act must be voluntary on the part of the D
- if D has no control over their actions , then they havent satisfied actus reus

e.g

R v Hill v Baxter
cannot use the defense of automatism (involuntary actions) unless there’s clear evidence of losing control due to an external factor, like being stung by a bee or hit by something. Everyday distractions aren’t enough to avoid responsibility for dangerous driving.

Question 5

what is a state of affair

Answer 5

• when D convinced even though the act was not desired by D but occured through action against his will

Question 6

state of affair case

Answer 6

R v Larsonneur

• R v Larsonneur (1933) established the principle of absolute liability.
• A person can be guilty of an offense even if they were involuntarily in the situation.

Question 7

omissions - failure to act , liability

Answer 7

• when omission can rise to liability

1. An act of parliament creates an offence involving omission
2. a contractual duty to act exists
3. a dty exists because of a relationship between the victim and the accused
4. a duty towards the victim has been taken on voluntarily by the accused
5. a duty to act arises as a consquence of the accused official position
6. a duty to act arises because the defendent has set in motion a chain of events

Question 8

1. An act of parliament creates an offence involving omission

Answer 8

• e.g failing to take a breath test a driver
• satisfies actus reus
• known as strict liability

Question 9

2. a contractual duty to act exists

Answer 9

e.g

R v Pitwood
- duty under a contract , e .g their job
- fails to perform that duty, leading to harm/death , then they can be held criminally liable

Question 10

3 . a duty exists because of a relationship between the victim and the accused

Answer 10

e.g parent and child

R v Gibbins and Proctor

Question 11

4. a duty towards the victim has been taken on voluntarily by the accused

Answer 11

R v stone and dobinson
- Failure to fulfill this duty, resulting in harm or death, can lead to criminal liability for manslaughter.

R v evans
Failure to act, especially in life-threatening situations, can lead to criminal liability if it constitutes gross negligence.

Question 12

5. a duty to act arises as a consquence of the accused official position

Answer 12

r v dytham
- police officer witnessed violent assault didnt intervene

failure to act, leading to criminal liability

Question 13

6. A duty towards the victim arises because the D has set in motion a chain of events

Answer 13

Case
R v Miller

• if they cause harm or danger
• have to take action to prevent further harm
• failure to do so, result in crim limb